Bill Text: IA HF202 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act authorizing counties to adopt county legislation relating to the siting of confinement feeding operations.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2019-02-04 - Introduced, referred to Environmental Protection. H.J. 199. [HF202 Detail]
Download: Iowa-2019-HF202-Introduced.html
House
File
202
-
Introduced
HOUSE
FILE
202
BY
STECKMAN
,
HUNTER
,
OLDSON
,
ABDUL-SAMAD
,
KRESSIG
,
STAED
,
MASCHER
,
BROWN-POWERS
,
THEDE
,
and
KACENA
A
BILL
FOR
An
Act
authorizing
counties
to
adopt
county
legislation
1
relating
to
the
siting
of
confinement
feeding
operations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1865YH
(2)
88
da/rn
H.F.
202
Section
1.
Section
331.304A,
subsection
2,
Code
2019,
is
1
amended
to
read
as
follows:
2
2.
a.
A
county
shall
not
adopt
or
enforce
county
3
legislation
regulating
a
condition
or
activity
occurring
4
on
land
used
for
the
production,
care,
feeding,
or
housing
5
of
animals
unless
the
regulation
of
the
production,
care,
6
feeding,
or
housing
of
animals
is
expressly
authorized
by
7
state
law.
County
legislation
adopted
in
violation
of
this
8
section
is
void
and
unenforceable
and
any
enforcement
activity
9
conducted
in
violation
of
this
section
is
void.
A
condition
10
or
activity
occurring
on
land
used
for
the
production,
care,
11
feeding,
or
housing
of
animals
includes
but
is
not
limited
to
12
the
construction,
operation,
or
management
of
an
animal
feeding
13
operation,
an
animal
feeding
operation
structure,
or
aerobic
14
structure,
and
to
the
storage,
handling,
or
application
of
15
manure
or
egg
washwater.
16
b.
Paragraph
“a”
does
not
apply
to
a
confinement
feeding
17
operations
siting
ordinance
as
provided
in
section
459.305A.
18
Sec.
2.
Section
335.2,
Code
2019,
is
amended
to
read
as
19
follows:
20
335.2
Farms
exempt.
21
1.
Except
to
the
extent
required
to
implement
section
22
335.27
,
no
ordinance
adopted
under
this
chapter
applies
to
23
land,
farm
houses,
farm
barns,
farm
outbuildings
or
other
24
buildings
or
structures
which
are
primarily
adapted,
by
reason
25
of
nature
and
area,
for
use
for
agricultural
purposes,
while
26
so
used.
However,
the
ordinances
may
apply
to
any
structure,
27
building,
dam,
obstruction,
deposit
or
excavation
in
or
on
the
28
flood
plains
of
any
river
or
stream.
29
2.
Subsection
1
does
not
apply
to
a
confinement
feeding
30
operations
siting
ordinance
as
provided
in
section
459.305A.
31
Sec.
3.
NEW
SECTION
.
459.305A
County
control
of
siting.
32
1.
A
county
may
adopt
a
confinement
feeding
operations
33
siting
ordinance.
The
purpose
of
the
ordinance
is
to
allow
34
the
county
board
of
supervisors
to
approve
or
disapprove
35
-1-
LSB
1865YH
(2)
88
da/rn
1/
3
H.F.
202
the
location
of
any
construction,
including
expansion,
of
a
1
confinement
feeding
operation
within
the
county.
2
2.
A
person
shall
not
construct
a
confinement
feeding
3
operation
in
a
county
that
has
adopted
a
confinement
feeding
4
operations
siting
ordinance
until
the
county
board
of
5
supervisors
has
approved
the
location
of
the
confinement
6
feeding
operation
in
a
manner
and
according
to
procedures
7
required
in
the
ordinance.
8
a.
The
county
board
of
supervisors
may
subject
its
9
approval
to
conditions
for
the
construction
or
operation
of
10
the
confinement
feeding
operation
or
the
application
of
manure
11
originating
from
the
confinement
feeding
operation.
12
b.
A
person
required
to
be
issued
a
permit
by
the
department
13
for
the
construction
of
a
confinement
feeding
operation
as
14
provided
in
section
459.303
must
be
issued
such
permit
prior
to
15
obtaining
approval
by
the
county
board
of
supervisors.
16
c.
A
county
board
of
supervisors
may
base
its
approval
or
17
disapproval
on
factors
other
than
factors
considered
by
the
18
department
when
approving
or
disapproving
an
application
to
19
construct
the
confinement
feeding
operation.
20
3.
A
county
may
adopt
county
legislation
necessary
to
21
effectuate
the
purposes
of
this
section
notwithstanding
section
22
331.304A
or
335.2.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
in
part
amends
provisions
in
Code
chapter
459
which
27
authorize
the
department
of
natural
resources
to
issue
permits
28
for
the
construction
or
expansion
of
structures
associated
with
29
a
confinement
feeding
operation.
30
The
bill
provides
that
a
county
may
adopt
a
confinement
31
feeding
operations
siting
ordinance
which
allows
a
county
board
32
of
supervisors
to
approve
the
site
where
the
construction
is
33
to
occur.
The
board
may
place
conditions
on
site
approval
if
34
the
conditions
relate
to
the
construction
or
operation
of
the
35
-2-
LSB
1865YH
(2)
88
da/rn
2/
3
H.F.
202
confinement
feeding
operation
or
to
manure
application.
1
The
bill
provides
that
the
county
may
adopt
the
ordinance
2
notwithstanding
provisions
in
Code
section
331.304A
which
3
prohibits
a
county
from
adopting
legislation
that
regulates
4
animal
agriculture
and
Code
section
335.2
which
prohibits
a
5
county
from
adopting
an
ordinance
that
provides
for
the
zoning
6
of
farm
structures.
7
-3-
LSB
1865YH
(2)
88
da/rn
3/
3